Third Circuit Clarifies ADA And FMLA Compliance Obligations

In a helpful decision for employers, the Third Circuit provided important guidance on how employers should handle leave and accommodation requests, particularly where employee misconduct is involved. In Hileman v. West Penn Allegheny Health System, Inc., the Court rejected an employee’s attempt to frame her termination as discrimination or retaliation where the employee disclosed her disability only after the employer had already begun investigating her misconduct. In doing so, the Third Circuit emphasized that “[t]he disability-discrimination and medical-leave laws are shields against discrimination, not get-out-of-discipline free cards. An employee must notify her employer of her disability and clearly communicate her desire for an accommodation or intent to take leave before her employer must accommodate her.” 182 F.4th 283 (3d Cir. 2026).